Is Your License Plate Frame Illegal...or Protected Free Speech?

Most people have frames around their vehicle license plates, advertising their car dealer, a favorite sports team, or a pet slogan. Unfortunately, not all of them are legal.

From Rochester TV station R-News comes a story about Section 402-b of the New York State Vehicle and Traffic Law (“VTL”):

It's not illegal to have a frame around your license plate. That is, unless the frame covers any lettering or numbers on your plate.
Police say it's a violation they do write tickets for.
And ignorance is no excuse.
“There are so many other laws people don't know about,” acknowledged Trooper Mark O’Donnell, New York State Police spokesman. “The fact you don't know about it is not an affirmative defense.”

However, depending on the nature of the plate frame design, enforcement of the law might be unconstitutional.

In the case of Wooley v. Mayard, the United States Supreme Court held that a statute very similar to New York’s was unconstitutional. The Court held that the State's claimed interests in requiring display of the state motto on license plates were not sufficiently compelling to justify infringement of a driver’s First Amendment rights to obscure certain portions of a vehicle plate. In Wooley, the driver argued that he had a free speech right to cover the portion of the plate that displayed the state motto.

Based on the Wooley case, if the only part of the license plate covered by a frame were the motto “the Empire State,” one could argue that enforcement of VTL Sec. 402-b was also unconstitutional.

In most cases, a driver would probably not bother to challenge a ticket for VTL 402-b. They would decide the relatively low fine was not worth the time, effort and attorney fees. Others, however, might decide that defending the principle of free speech would outweigh any cost considerations.

In any case, whenever a person thinks his or her rights might have been violated by the police, even in a small way, he or she should consider speaking with an attorney to insure that he or she receives all the constitutional protections provided by law.

New State Program to Provide Funds to Help New York’s Neediest Heat More Efficiently

New York State officials have announced a new program to deliver $1.9 million to low-income home owners to help them cope with the high cost of home heating oil. According to the New York State Attorney General’s office:

This new program will offset the costs of installing high-efficiency furnaces, steam boilers, and household hot water systems, as well as insulation, weather-stripping, and other weatherization features. These oil efficiency measures are expected to save an average household approximately 224 gallons of heating oil per year. The new program will also pay for cost-effective electricity saving measures, such as lighting and refrigeration replacements, with estimated annual savings to average households of 600 kilowatt hours. Through these measures, the new program could save an average household up to $1,000 annually.

The program is also expected to result in substantial clean air benefits, including decreases in smog, acid rain and global warming pollution emissions that are equivalent to taking over 250 cars off the road each year.

For more information on this program, and ways to make your home more energy efficient, click here or call (877) NY-SMART.

Halloween: Be Safe, Avoid Lawsuits, Have Fun

With the growing popularity of Halloween as a holiday, both children and adults are cautioned to put safety first.

Many law enforcement and public safety agencies are issuing reminders nationwide to follow simple safety tips to ensure a safe Halloween, including:

* Warn children about the dangers of crossing the street.
* Avoid Trick or Treating on very busy streets.
* Always have your children use a sidewalk when there is one.
* To increase visibility, have your children carry a flashlight or glow sticks.
* Apply reflect tape or stickers to costumes.
* Make sure the costume fits your child properly before they venture out, making sure they can see out of their mask.
* Always chaperone in groups.

The National Law Journal reminds us that holiday celebrations in the workplace can create legal issues for employers and that Halloween is no exception:

With Halloween just around the corner, labor and employment attorneys are warning employers that the annual holiday could get scary — in a legal way — if costumes, or a work party, get out of hand.

Specifically, costumes that carry a political or social message, or are simply too raunchy for the workplace, could lead to a liability nightmare down the road.

[A]nother potential liability with Halloween: personal injury suits.

Above all, simple common sense can do a lot to prevent tragedies--and resulting lawsuits--from happening. Halloween is an enjoyable holiday for the entire family. Stay safe, stay smart and have fun.

Oil and Gas Leases: Know Your Rights

With the discovery of a large natural gas deposit in the Southern part of New York State, many property owners are being approached by energy companies looking to lease natural gas and mineral rights on area lands.

According to the Ithaca Journal, representatives of the New York State Attorney General and the Chemung County Farm Bureau recently cautioned that anyone considering leasing their property for natural gas exploration should know their rights:

The details of leases signed between landowners and gas companies are seemingly endless. They touch on everything from surface land-use to royalty and bonus payments or anything else landowners may want to include in their lease.

None of the leases pertaining to natural gas drilling and exploration are standard or non-negotiable, Michael Danaher, an assistant state attorney general from the Binghamton office, said. And negotiations don't pertain solely to bonus and royalty payments.

A landowner may want to negotiate a clause that requires the gas company to check the quality and quantity of the landowner's water [for example].

Ultimately, both presenters indicated the most important thing to do before signing a lease of this kind was to consult a lawyer:

Obtaining the services of an attorney familiar with leasing and knowing that all land leases are negotiable are the most basic steps in protecting property, they said, and that knowledge can be useful if a company land agent comes knocking.

What to Do if You Get a Speeding Ticket

Advice on how to fight a speeding ticket from, of all places, political magazine the American Spectator:

Even if you have a perfect driving driving record, each and every ticket is worth fighting with everything you've got. Reason? The presence of a single "moving violation" on your driving record -- no matter how minor (or bogus) -- can end up costing you hundreds, maybe even thousands of dollars over the three-to-five year period it will be visible on your DMV rap sheet....

* Hire a traffic lawyer: The cost to rent a legal eagle to handle a minor traffic case (normal speeding, not "reckless driving," DUI or a major charge that has a mandatory court appearance and the possibility you might get thrown in the clink) is typically between $300 and $700. It sounds steep, but for all the reasons outlined previously, it can be money well spent -- especially if you get another ticket at some point during the next three years.

The Fiscal Crisis Watch List: Don't Fall Prey to Crooked Investments

The uncertain economy has many people worrying about their fiscal health. As a result, you may find yourself vulnerable to unscrupulous individuals who try to exploit tough fiscal times with "get rich quick," lending and other scams.

The New York State Consumer Protection Board (CPB) is advising individuals to stay alert to potential scams and questionable practices highlighted on the Agency's "Fiscal Crisis Watch List:"

• Credit Counseling and Debt Management Scams
• Questionable Loans (including Payday Loans and Home Equity/Debt Consolidation Loans)
• Work At Home Scams
• Online Job Search Scams
• Investment Scams

Follow these tips to avoid schemes or scams.

• Get information upfront and in writing and read the fine print.
• Ask questions about all offers received. If it looks too good to be true, it probably is.
• Think carefully about every offer before accepting it.
• Never disclose credit card, bank account or social security numbers to someone who contacts you by telephone or internet. Use caution when considering a loan.
• Do not deposit a check or money order that you receive from a work-at-home offer or a sweepstakes.
• Never pay an upfront fee in order to collect a lottery or sweepstakes prize.
• Keep paperwork, including copies of any complaints you file against a business.
• Password-protect all of your computer accounts.
• Check your credit report for fraud regularly through one of three major credit reporting companies.

For more information on the “Fiscal Crisis Watch List” and ways to avoid being taken advantage of can be found here.

In addition, whenever possible, do not enter into any suspicious agreements without consulting with a competent attorney of your own choosing.

New Law Requiring Tenants Receive Environmental Disclosures

In December 2008, a new law will go into effect in New York, requiring property owners and landlords to disclose the results of environmental testing to current and prospective tenants.

Owners and landlords of both residential and commercial properties will be required to disclose test results that exceed federal or state air guidelines. Furthermore, owners of certain properties will be required to provide written notice of the testing on the first page of any lease agreement. The law also requires owners of those properties to give tenants a fact sheet and timely notice of any public meetings where the test results will be discussed, or face fines and penalties.

The law seems to be focused on indoor air contamination. However, it defines "test results" broadly. As a result, once the law is implemented it could be interpreted to include any tests conducted on air, groundwater and soil on the property.

The complete text of the new law can be found here.

Landlords and tenants concerned about this law, and their rights and responsibilties under it, should be sure to contact an attorney prior to executing any new leases, to insure compliance with the law.

Beware of “Dog Rescue” Scams

News reports continue to surface regarding international scam artists using internet websites, online classified ads and emails to offer puppies to Americans interested in purchasing or “rescuing” them.

In most of these scams, the puppies are offered at a price that is much lower than the prices charged by U.S. breeders or kennels, often only a few hundred dollars to cover “shipping expenses” for dogs that traditionally cost over a thousand dollars when purchased from a legitimate breeder.

The ads or messages offer many different explanations for the low prices. Sometimes, the puppies have supposedly been "rescued" from closed kennels or abusive breeders. Other scam artists even claim to represent missionaries or relief organizations attempting to place unwanted puppies in good homes or claim to be helping low-income communities raise money. Often, the scammers claim to be looking for good homes for puppies, asking only that consumers pay the cost of shipping the dog to the United States. However, once payment is made, the scammer never sends the dog, costing the consumer hundreds, or thousands of dollars, as well as emotional heartbreak.

There are several ways to help spot a scam. They include:

• Use of a “free” email service, such as Yahoo, Hotmail or AOL.

• Refusal to speak with you on the telephone or to give you a number to call.

• A contract that states they are not responsible for any injuries or existing medical conditions as soon as you gain possession of the dog.

However, the best way to avoid a pet adoption scam is to rescue your pet from a reputable local animal shelter. Locally, these include the Beverly Animal Shelter, in Waterloo, New York, and the Tompkins County SPCA, located just outside of Ithaca.

Before You Repair Your Home: Know Your Contractor

For most Americans, their home is their single biggest investment. Before hiring a contractor to repair or renovate their property, homeowners should check for consumer complaints against home improvement contractors here.

In the event of a dispute with a contractor, homeowners have many rights. If you think you were the victim of an unscrupulous home repair service, an attorney may be able to get you some or all of your money back.

September 17 is Constitution Day

On Sept. 17, 1787, the U.S. Constitution was signed by thirty-nine brave men who changed the course of history. Now Constitution Day is a time for us to continue their legacy and develop habits of citizenship in a new generation of Americans.

Learn more about this event here.